In re G.W.
| Decision Date | 19 May 2022 |
| Docket Number | 110938 |
| Citation | 2022 Ohio 1678 |
| Parties | IN RE G.W. Minor Child [Appeal by D.W., Mother] |
| Court | Ohio Court of Appeals |
2022-Ohio-1678
IN RE G.W. Minor Child [Appeal by D.W., Mother]
No. 110938
Court of Appeals of Ohio, Eighth District, Cuyahoga
May 19, 2022
Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. AD18906317
JUDGMENT: REVERSED AND REMANDED
Christina M. Joliet, for appellant.
Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Joseph C. Young, Assistant Prosecuting Attorney, for appellee.
JOURNAL ENTRY AND OPINION
EMANUELLA D. GROVES, JUDGE
{¶ 1} Appellant-mother ("Mother") appeals from the judgment of the Cuyahoga County Common Pleas Court, Juvenile Division, granting permanent custody of her minor child, G.W., to appellee, the Cuyahoga County Department of
Children and Family Services ("CCDCFS" or the "agency").[1] For the reasons that follow, we reverse the juvenile court's judgment and remand the matter for further proceedings consistent with this opinion.
Procedural and Factual History
{¶ 2} On May 14, 2018, CCDCFS filed a complaint alleging that G.W., born August 17, 2013, was a neglected, abused, and dependent child as defined by R.C. 2151.03(A)(3), 2151.031(B), and 2151.04(B). The complaint averred, in part, the following particulars:
1. Mother fails to provide a safe living environment for the child. Mother has failed to protect herself and child from a domestically violent boyfriend. Mother and a boyfriend have engaged in physical domestic violence in the presence of the child at least three times in the past four months and as recently as May 3, 2018
2. Mother has untreated mental health issues which interfere with her ability to provide care for the child. Mother has been diagnosed with bipolar disorder and depression but is not engaged with services to address her mental health Mother has failed to comply with a court-ordered mental health assessment.
3. Mother has two criminal convictions for driving while under the influence of alcohol. Mother has a criminal conviction for child endangering due to G.W. being a passenger in the vehicle during one of these incidents. Mother has unresolved matters before the Cleveland Municipal Court and the Berea Municipal Court due to non-payment.
4. Mother uses marijuana while being the sole caregiver for the child. Mother has been referred to multiple substance abuse assessments but has failed to comply.
5. Father, C.E. ("Father"), has failed to support, visit, or communicate with the child on a consistent basis and has had minimal involvement with the child since birth.
{¶ 3} Along with the complaint, CCDCFS also filed a motion for pre-dispositional temporary custody of G.W. to the agency. In support, the agency indicated that G.W. was then in the care of a maternal aunt pursuant to a safety plan that was executed on May 4, 2018, and set to expire on June 4, 2018. The juvenile court granted predispositional temporary custody to CCDCFS.
{¶ 4} The agency developed and filed a case plan to assist Mother in remedying the issues that led to CCDCFS' involvement. To address Mother's mental health and substance-abuse issues, the agency required Mother to complete a mental-health assessment, engage in counseling, and be compliant with all medications. To address the domestic violence concerns, the agency required Mother to participate in domestic violence classes.
{¶ 5} Additionally, to address Mother's housing issue, the agency required Mother to maintain stable, safe, and appropriate housing for herself and G.W. Further, the case plan included counseling for G.W., who had witnessed ongoing domestic violence in the home between Mother and Mother's boyfriend. Finally, to address the agency's concern that Father had not established a relationship with G.W., the case plan required that Father establish a parent-child relationship with G.W. and make arrangements to begin providing financial support
{¶ 6} At a hearing on July 3, 2018, Mother denied the allegations in the complaint. The juvenile court referred Mother to the public defender's office for
legal assistance. The juvenile court also held in abeyance a motion filed by the agency for temporary custody and ordered that G.W. remain in the placement with the maternal aunt.
{¶ 7} On August 9, 2018, at an adjudicatory hearing, Mother again denied the allegations of the agency's complaint. After hearing testimony, the juvenile court found the allegations were proven by clear and convincing evidence and proceeded to adjudicate G.W. abused and dependent. The juvenile court also found that "the child's continued residence in or return [D.W.], Mother will not be contrary to the child's best interest." In addition, the juvenile court ordered that upon verification of Mother's current housing, G.W. shall be returned to Mother and reside with her at the domestic violence shelter.
{¶ 8} On October 9, 2018, CCDCFS filed a motion to amend its previously filed motion for predispositional temporary custody to agency, to that of legal custody to Mother, with protective supervision. In the brief in support, CCDCFS stated it believed the prayer for relief was the disposition that was in G.W.'s best interest. After a hearing held January 16, 2019, the juvenile court placed G.W. in the protective supervision of CCDCFS. The juvenile court also approved an amended case plan requiring that Mother complete drug and alcohol assessments, comply with substance-abuse treatment recommendations, and submit to random drug tests. In addition, the juvenile court found that the permanency plan for the child was legal custody to Mother.
{¶ 9} On May 6, 2019, CCDCFS filed a motion for first extension of protective supervision, noting that the then order would be expiring on May 13, 2019. In the brief in support, CCDCFS stated:
Mother has completed the following requirements: obtained and maintained safe and stable housing, is able to provide for the child's basic needs, and completed an AOD assessment. However, Mother has not completed the following objectives of the case plan: a recommended intensive out-patient treatment program ("IOP"), requested drug screens, the recommended mental health and domestic violence services.
Following a hearing held on June 5, 2019, the juvenile court granted the agency's motion.
{¶ 10} On July 1, 2019, CCDCFS filed a motion to modify protective supervision to temporary custody. In the affidavit filed in support of the agency's motion, caseworker Norma De Jesus ("De Jesus") averred that, on June 29, 2019, Mother and child were involved in a car accident, resulting in injuries to both. De Jesus also averred that Mother was driving while severely intoxicated and that G.W. was not properly restrained in the car. After a hearing, the juvenile court found there was probable cause for removal of G.W. from Mother's care and that there was not a suitable relative, who was willing to be a temporary custodian. Thus, the juvenile court committed G.W. to the emergency care and custody of the agency.
{¶ 11} At a hearing on September 23, 2019, Mother agreed to the agency's motion to modify protective supervision to temporary custody. By journal entry, dated October 21, 2019, the juvenile court granted the agency's motion for temporary custody.
{¶ 12} On May 28, 2020, CCDCFS filed a motion to modify temporary custody to legal custody to G.W.'s maternal grandmother, S.M. In support of the motion, CCDCFS noted that prior to filing the motion, the agency developed a case plan to facilitate reunification, but Mother had failed to complete the objectives. CCDCFS also noted that the agency referred Mother for mental health, domestic violence, and substance-abuse services, but Mother was not compliant. In addition, CCDCFS noted that Mother did not have safe, stable housing, and was not compliant with the terms of her probation to the Cuyahoga County Court of Common Pleas. CCDCFS further noted that G.W.'s maternal grandmother was able to provide for the child's daily needs and was willing to provide a permanent home.
{¶ 13} On November 2, 2020, CCDCFS filed a motion to amend its prior motion for legal custody to the maternal grandmother to a motion for permanent custody. In support of the motion, CCDCFS asserted that the condition listed in R.C. 2151.414(B)(1) existed. Specifically, that G.W. had been in the temporary custody of the agency for twelve or more months of a consecutive twenty-two-month period. In the affidavit filed in support of the agency's motion, caseworker Rayshawn Eberhardt ("Eberhardt") averred in pertinent part, as follows:
2. The child was committed to the pre-dispositional temporary custody of CCDCFS on July 1, 2019
3. The child was adjudicated abused and dependent on September 10, 2018, 4.The child was committed to the temporary custody of CCDCFS on October 25, 2019.
5. A case plan was filed with Juvenile Court and approved which required that mother complete a substance abuse assessment and comply with treatment recommendations, comply with random drug screens, comply with mental health treatment and prescribed medication, complete domestic violence classes, maintain stable and appropriate housing, and maintain the ability to meet the child's basic needs.
6. Mother completed a substance abuse assessment and was recommended for IOP. Mother failed to comply with the substance abuse treatment recommendations and has failed to comply with random drug screens.
7. Mother had failed to consistently comply with mental health treatment.
8. Mother had not visited or communicated with the child since on or about August 2020.
{¶ 14} In response, on July 13, 2021, Mother filed a motion for legal custody of G.W., asserting that she was ready and able to have physical care of G.W. and that she had substantially complied with the case plan services.
{¶ 15} On July 20, 2021, the juvenile court...
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